Town of
Hadley
Minutes

June 12, 2008: Town Board meeting minutes

Body:
 

Regular meeting of the Hadley Town Board, Thursday June 12th 2008, held at the Hadley Town Hall, 4 Stony Creek Road, Hadley N.Y. 12835.

 

Members present: Supervisor, Arthur Wright

Councilwoman: Colleen DeMarsh                                                  Susan Wilder

Councilman:      James Brewster                                                     Charles Ovitt

 

Also present: Highway Superintendent: Joseph Monica, Attorney: Raeann Johnson and Town Clerk: Pauline G. Smead.

 

Supervisor Wright was in receipt of an arrangement received from Bill Parker and the soldiers from Tikrit to thank the Town of Hadley for the packages they had received during the Holidays.

 

Motion was made by Charles Ovitt seconded by James Brewster to approve the minutes as written for the Town Board meeting held May 8th 2008. All Ayes.

 

Motion was made by Colleen DeMarsh seconded by Susan Wilder to approve the correction on the transfers of the May 8th meeting.

General transfer should have been $200.00 (not $988.72) from Code 1910.4 (Unallocated Insurance) to Code1220.4 (Supervisor) Additional expense to Code

Highway: Transfer $3,285.63 (Not $10,525.91) from Code 5130.2 (Machinery) to Code 5142.4 (Snow removal) RE: Additional expense to Code, salt. All Ayes.

 

Motion was made by Charles Ovitt seconded by Colleen DeMarsh to approve the Budget adjustment for Cemetery.

Debit Code 909 (Fund Balance) by $125.20, Credit Code 960 (Appropriations) Sub-Code 8810.4. RE: Additional expense to Code justified by increased revenues due to sale of lots. All Ayes.

 

RESOLUTION # 47 was made by a motion from Colleen DeMarsh seconded by Charles Ovitt.

            BE IT RESOLVED that the Town of Hadley Town Board have audited all pre-paid vouchers and all have been approved. All Ayes

General: Abs. # 17-18=$9,345.43                                                  Highway: Abs. #13=$2,860.08

CEM: Abs. #5=$30.00                       SW1: Abs. #12=$234.06     SW2: Abs. #11=$41,756.94

Computer Capital: Abs. #3=$928.09                                            Sewer: Abs. #12=$329.77

 

RESOLUTION # 48 was made by a motion from Susan Wilder seconded by Colleen DeMarsh.

            BE IT RESOLVED that the Hadley Town Board have audited all vouchers and all have been approved for payment. All Ayes

General: $11,920.84                           Highway: $4,078.51             Sewer: $705.11

SW1: $259.43                                      SW2: $414.39                       Street Lights: $2,214.56

CEM: $95.20                                       Playground: $775.62           HO-14: $6,995

 

PUBLIC COMMENTS:

None at this time

 

The Board's folders included the Supervisor's monthly report, Building Inspector's report, Planning Board meeting Minutes. Water 1, Water 2 and Sewer monthly reports are in the Town Clerk's Office for review.

 

Highway Superintendent's report was verbal. He informed the Board that they are all trying their best to conserve fuel but it is very difficult. He asked the Board if they would like to do a survey and ask the town's residents what they think about cutting down picking up roadside garbage once a week until the end of June instead of May 1st. From July 1st through Labor Day twice per week then go back to once a week. That would cut picking up garbage twice per week for 4 full months which he feels they are not picking up that much anyhow. By allowing the residents to drop of excess garbage at the Recycling Center for free, that would save a tremendous amount of fuel and workers time which they could be accomplishing other things.

12 tons are being picked up on Mondays and approximately 3 tons on Thursday.

 

Supervisor's report was verbal. He informed the Board that JNS (Tower) had been here to check where the Towers could be installed and it will be possibly at the Highway Garage. They did testing but have not yet contacted him with any further information.

At the last Town Board meeting it was asked what other Communities JNS were servicing and the Supervisor was informed that they service 12 other Communities but he has not received the list as of yet.

 

Supervisor Wright asked the Board to approve a resolution to apply for funds from New York State Office of Parks, Recreation and Historic Preservation.

He explained that a fence needs to be installed on Woodard Avenue by the Boat Launch and also where Hudson River Black River does there water testing. The reason being that a few weeks ago 15 tires were disposed of in that area. The rocks installed to discourage the public to drive through at the Boat Launch are pushed aside so they can drive through. Hopefully if we are chosen for the Grant, the Town could purchase two gates and they could be locked every night to discourage the vandalism.

 

Councilwoman Wilder suggested that wooden fences be installed to keep the nature look as much as possible.

 

Supervisor Wright stated that the Cemetery Committee had asked the Board to purchase a computer. The Justices have received 3 new computers and they are going to use one of those, the Supervisor is using another which leaves us one for anyone else who might need one. Councilwoman DeMarsh has the laptop which was in the Supervisor's Office so she has access to the Town's Web Site and she can work on it at her leisure.

 

Supervisor Wright stated that he had contacted District Attorney, James Murphy for Saratoga County to ask him why they could not hold DA night twice a month and he was informed that they do not have the manpower to do so but he would try his best to work with the Town of Hadley to make everything as easy as possible to get the work done.

 

Supervisor Wright contacted Harry Ziegler and also Michael Miller from Brewer's Funeral Home pertaining to the Lynwood Church Cemetery. The deed for this cemetery is in Free Will Baptist Church's the same deed as the Church. After a lengthy discussion, the Town of Hadley will maintain this cemetery.

 

The bandstand is done in the Park except the steps and the electric. The landscaping will be done once the electrical is done so the wires can be buried. It is beautiful. Thank you to the Highway Department for all your hard work.

The lumber used for the bandstand was from the downed trees from storms around town which they sawed and planed ready to use.

 

Supervisor Wright stated that Mr. William Gilbert could not attend this meeting tonight but he had informed the Supervisor that the Boys Scouts Troop # 28 was very happy with the Camporee held in the Sam Smead Memorial Park in May. It was a total success.

Supervisor Wright also stated that the day they left, you could have said they had not been there as it was as clean as could be. Hopefully they will return.

 

 

RESOLIUTION # 49 was made by a motion from Colleen DeMarsh seconded by Susan Wilder.

            BE IT RESOLVED that Arthur Wright, Supervisor of the Town of Hadley, is hereby authorized and directed to file an application for funds from New York State Office of Parks and Historic Preservation in accordance with the provisions of Title 9 of the Environmental Protection Act of 1993 or the Federal Land and Water Conservation Fund Act of 1965 in an amount not to exceed $50,000 and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to the Town of Hadley for the rehabilitation of Fowler Park and extending natural trail along the Hudson river. And if appropriate, a conservation easement/preservation covenant to the deed of the assisted property.

All Ayes.

 

Supervisor Wright informed the Board that we had gotten 2 new volunteers to drive the Senior Van. Mrs. Wendy Russell drove the seniors last week and two people, Mike Vera and one lady from the Town of Day have come forward to drive.

 

Supervisor Wright stated that Mr. Albert Zimmerman and James Jenkins have attended a Disaster Preparedness meeting in Saratoga County. A Comprehensive Emergency Management Plan for the Town of Hadley has been done into a 54 page template which has been provided to us. Supervisor Wright stated that this template could be quite a bit shorter but they strongly suggest that the town comes up with a Management Plan in case of an emergencies in the future There is an ongoing plan being put in place in case of any breaches in the dams all the towns along the river will be included in this plan. A Committee will include Mr. Al Zimmerman, James Jenkins, the Hadley Luzerne Fire Chief and a Board Member which has not been determined as of yet.

If anyone would like to review this template the Supervisor can provide them with a copy.

 

Councilwoman DeMarsh asked if there were such a thing as a list of dams in New York State and a report but she cannot find one.

 

Supervisor explained to the Board that the Town Board needed to do a resolution to approve the application for a grant from New York State Office of Parks as we have gotten turned down for one grant and now we are applying for another.

 

Councilwoman Wilder asked why we needed this grant for and she was informed that it was to block off Circular Street and do some work on the Gateway, sidewalks and so on.

Councilwoman Wilder asked if the Town Board actually adopted the Gateway plans and she was informed yes.

 

Councilwoman DeMarsh asked if this was a matching grant and she was informed that it was a 50/50 grant but by using in-kind service the Town will not have to pay all of the $25,000.

 

Supervisor Wright informed the Town Board that he, Councilwoman Wilder and Councilman Ovitt attended a meeting on Monday evening pertaining to the Fire Department and he stated that both towns were in a crisis mode as per the  Emergency Squad as they are without an EMT in the evenings. There were three different emergency calls made for Ambulance Services and they could not go out as they did not have an EMT available.

 

The Plan they are working on is to split the Emergency Services from the Fire Department, this Plan will take time and some Legal matters which cannot be done overnight.

 

Supervisor Wright explained that the Town of Lake Luzerne had passed a Resolution to give $25,000 to the Van R. Rhodes Fire Department for extra funds to pay EMT's for the evening shift till the end of the year. They would like the Town of Hadley to do the same.

 

Numerous people can drive the Ambulance but they need an EMT for the Ambulance to roll.

 

Councilwoman Wilder stated that if this does not pass, no calls will be answered unless it is between 6AM to 6PM. That is correct.

 

Councilwoman DeMarsh stated that at the Public Hearing three (3) EMT stated that they would take part of the Emergency Services if they split the Emergency Services from the Fire Department. She also explained that if an EMT is part of the Hadley Luzerne Emergency Services and not the Fire Department they can also cover for another town as an EMT but if they belong to the Fire Department they cannot.

 

To split up the Fire Department and the emergency Services, it will have to be put up to a Public Referendum and this also cannot be done overnight. The Towns need to rectify this problem right now and the only way this can be done is to get funded by both Towns until the end of the year.

 

Supervisor Wright stated that the Town at this time can provide the Emergency Services funding out of the Town's Budget without hopefully dipping into the Fund Balance.

 

The Town's Attorney, Raeann Johnson does not feel comfortable with this scenario but will research it and inform the Town Board as soon as possible. She stated that the Fire Department could acquire a loan of their own and include it in the 2009 Budget and the towns would pay it but she does not feel comfortable loaning the Fire Department monies or just give them $25,000. She stated that she is in need of meeting with or speak to the Town of Lake Luzerne's Attorney and acquire more information pertaining to this matter. She stated that the Town Board could do a Resolution contingent to her approval or hold a special meeting next week.

 

RESOLUTION # 50 was made by a motion from Charles Ovitt seconded by Colleen DeMarsh.

            BE IT RESOLVED that the Town of Hadley Town Board hereby approves to loan the amount of $25,000 to Van R. Rhodes Fire Department as extra funds to allow them to pay for an extra EMT until the end of the year contingent on the Town Attorney's findings. All Ayes.

 

Attorney Johnson stated that if the Fire Department has another alternative to borrowing the funds they are in need of that they can do so and incorporate it into the Budget for next year and then it would be passed on to the towns and there would be no choice but to accept it.

 

Councilman Ovitt asked to have included in the minutes that this problem has to be put up to the Town of Hadley and Lake Luzerne's vote.

 

Town Clerk's report: Revenues:    $292.00

Disbursements: County Treasurer:  $17.62

                                             DEC: $123.76

                                 Ag. & Markets: $6.00

                                    Health Dept: $45.00

                                      Supervisor: $99.62

The Town Clerk explained to the Board that at the last Town Board meeting she mistakenly gave the wrong report and rectified it already.

 

The Town Clerk informed the Board and the public about the Cole's Day, Benefit for Autism, August 16th in the Sam Smead Memorial Park. They are also having a Bottle Drive in the parking lot across the street from the Town Hall on July 12th from 9AM till 12 Noon also for the Benefit.

 

Public Comments:

 

Brenda Burdick asked about the turn-around at the Fowler Lot.

 

Supervisor Wright explained that the Town owns Fowler Lot so they can do work on that section.

 

Ernie Wilder asked about the wall across the street from their house on Rockwell Street and he was informed that the wall was the responsibility of the homeowner.

 

Councilwoman Wilder wanted to thank the volunteers who planted the flowers for the town.

Kyle Shuman, Veronica Shuman, Charles Shuman, Ernie Wilder, Eileen Bennett, Beth Meyers and the girls Scouts. Good job.

She also asked that everyone water them as often as they can.

 

Highway Superintendent Monica informed the Board that there is a problem with woodchucks. He will apply for a nuisance permit to dispose of them.

 

Councilman Ovitt made a motion to be put in the minutes that at the earliest time possible, there would be a Referendum put on the ballot concerning the problem with the Fire Department and Emergency Services. Full paid staff is approximately $500,000. We are talking about someone's life. No matter what is discussed at either Town Board Meetings, the fact of the matter is that the people of both towns have to vote, they will provide the answer.

Mr. Ovitt stated that if one town votes for it the other doesn't then it would not pass. The $500,000 discussed is to be divided between the Town of Lake Luzerne and the Town of Hadley. No matter what is discussed anywhere is still has to be decided by the town residents.

 

Councilwoman DeMarsh is in total agreement with Councilman Ovitt but asked if there were such a thing as a permissive Referendum which gives you options or was it a plain yes or no vote and it will not give anyone a choice. The Fire Department will not have an Ambulance, basic Life Support will be the only supplies on the trucks.

2 basic choices, fully paid or some paid volunteers.

 

Councilwoman DeMarsh stated that she thought this Referendum would be to split the Fire Department and the Emergency Services.

 

Attorney Johnson stated that this motion for the Referendum which Councilman Ovitt is proposing is premature as the Board needs to decide what will take place with the Fire District first and foremost. The legality part of it has not been decided yet.

 

Councilman Ovitt stated that the $500,000 is what both towns have come up with for year number one but we cannot figure out to the penny. The amount might be more as there are no revenues coming in. Year two might not be as much as the billings will be in motion and the Budget for the Fire Department would be somewhat lower as they do not have to raise money to fund the Emergency Squad so their budget will be down. He stated that the residents needs to realize what problem it is and they need to vote.

Councilwoman DeMarsh stated that at the Public Hearing it sounded like the Boards would decide and the liability would be on both Boards but that is not the way it is. The Boards from both towns need to inform the residents so they are aware of the problem and they have to decide by their votes.

She stated that there should be a schedule of events because there are a lot of different things which needs to be happening.

 

Supervisor Wright explained that step one would be to decide to split, that would be Permissive Referendum, if anyone would like to go against it they would have to wait 60 days to see if they get the petition signed to send it Referendum, if not then they can go forward and offer them options of fulltime paid staff and so on.

That is the reason they chose to offer it and not wait until someone goes against it

 

Councilman Ovitt stated that the motion he made was at the earliest possible time, offer it as a Permissive Referendum.

 

Councilwoman DeMarsh stated that the motion is fine but she feels that splitting the Fire Department should be voted on first. She stated that this information should be sent out to the public and ask for their help

 

RESOLUTION # 51 was made by a motion from Charles Ovitt seconded by Colleen DeMarsh.

BE IT RESOLVED that the Hadley Town Board hereby approves to hold a Special Election as early as possible, will include splitting the Fire Department from the Emergency Services, fulltime paid EMT for all three shifts or leaving it the way it is. Three, yes or no votes. This is contingent on the Town's Attorney acquiring information to the legality. All Ayes.

 

Councilwoman Wilder asked about the citizens patrol and the Supervisor stated that he was going to contact Jennifer Pike to find out what they need to do. Also she asked when the steps would be painted and she was informed that James Jenkins already has the paint will do it tomorrow.

 

Mr. Jeffrey Trottier asked to be included on the Agenda for the next meeting

 

Motion was made by James Brewster seconded by Charles Ovitt to adjourn this meeting at 8:20PM. All Ayes.

 

Pauline G. Smead

 

Town Clerk